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PCN not received in post - first contact a Letter Before Action

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  • PCN not received in post - first contact a Letter Before Action

    Hi,
    I am new here and apologies if this is covered elsewhere, but I've taken a look through the threads and can't find anything specific.

    As registered keeper I received a 'Letter Before Action' on 20 February earlier this year from Civil Enforcement Ltd relating to a parking offence on 16/11/2016 at a private car park on Greenwich High Road SE10. This was the first correspondence I had received, no ticket was issued to the vehicle at the time and no PCN was received in the post. The outstanding debt was put at £140 and payment demanded within 14 days.

    I replied by email on 24 February explaining that no PCN had been received, asking for details of the alleged offence and a breakdown of the £140 charge.

    No reply from Civil Enforcement but the next letter was from ZZPS on 21 April stating that the unpaid PCN had been passed to them to resolve and that the outstanding 'balance' was now £200. I emailed on 21 April, again to explain that no PCN had been issued to the vehicle or received in the post and that I had already been in touch with Civil Enforcement for clarification without reply.

    A second letter arrived from ZZPS dated 5 May asking for payment with a threat that the debt would be passed on to solicitors Wright Hassall LLP with the addition of a further £30. The letter from Wright Hassall dated 9 June duly arrived last week demanding payment of £236 (not sure where the extra £6 comes from) within 14 days.

    Having read up on this on this site and elsewhere it looks like a pretty standard debt collection letter but I would rather not have to deal with the hassle of court etc. especially since the original postal PCN was not received and I did not have the opportunity to settle the debt at the original or indeed discount rate (if this was an option).

    Any ides on a way forward now that I am at the Wright Hassall stage?

    Thanks very much in advance
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  • #2
    Re: PCN not received in post - first contact a Letter Before Action

    UPDATE

    Hello again. I've now managed to find the original PCN after all - it was with a batch of post we had filed away for collection by the pervious tenant of the property. The issue date is 14/12/16 and states the incident date at 16/11/16. So good news is that this is outside of the 14-day time limit. Bad news is that I have been in touch with Civil Enforcement and ZZPS stating that we had not received the PCN.

    Can I now just respond by pointing out that the PCN does not comply with PoFA or would I have to account for the fact the PCN has now turned up having been misplaced? This was down to a genuine mistake but I appreciate it could come across as a bit 'dog ate my homework'. Any advice would be very welcome.

    Thank you

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